Table of Contents
Who can request a continuance?
A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord.
Who decides the case in court?
When all the evidence has been given, the judge sums up both sides of the argument for the jury and directs it to decide if the defendant is guilty or not guilty. The jury then leaves the courtroom to make its decision.
Do judges have to grant continuances?
Judges generally do not grant continuances freely unless proceeding to trial would violate the defendant’s rights. They have discretion to deny a continuance unless the law in their state requires a continuance to be granted in a certain situation.
Do both parties have to agree to a continuance?
The other party might only agree to a continuance if you agree to certain things before the next hearing. If the things are reasonable (or a judge would think so), you can agree. If you do not agree to the other party’s conditions or the new proposed hearing date, you must go to court to ask for a continuance.
What are good reasons for a continuance?
Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (Rule 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (Rule 3.1332 (c)(2)); or a significant, unanticipated change in the status of the case as a …
Can I get a continuance over the phone?
You can get a first continuance by contacting the clerk’s office and requesting one. While I always fax a letter into the clerk’s office when making an official request, many clerk’s offices will continue your case if you request one over the phone.
What’s the difference between a trial and a hearing?
Hearings can determine temporary, agreed, or some procedural matters. The trial is where you give evidence and arguments for the judge to use in making a final decision.
Can I go straight to high court?
Can you go straight to a High Court writ of control without first applying for a County Court warrant of control after a CCJ? Yes you can. Once the time period specified in the judgment for payment, normally 14 days, has expired, you can transfer up your judgment for enforcement by an HCEO under a writ of control.
How many continuances are allowed?
No set number of continuances are allowed in a court case. Whether continuances are granted and how many are granted rest entirely upon the discretion of the court.
Is a continuance a good thing?
A continuance in a criminal trial is a formal delay of the trial that can be requested by either side, before or during the trial. Requesting a continuance and receiving one are two very different things; it is important to have a good reason behind the request because it is a good reason the judge will expect.
Can I write a letter to a judge regarding a case?
You can’t write to the judge. You can hire your own attorney to make your case to the court.
How long after a hearing is a trial?
According to this statute: in misdemeanor cases, a defendant has the right to go to trial within 30-45 days of his arraignment. in felony cases, a defendant has the right to go to trial within 60 days of his arraignment.